Facts
The Zurich Labor Party (PdA) applied to the Davos municipal authorities on November 27, 2000, for a permit for a demonstration against the World Economic Forum (WEF) on January 27, 2001, in Davos. The Small Council refused the permit by decision of December 19, 2000, as the narrow local conditions and precarious traffic conditions on Saturdays did not allow a demonstration. The PdA and other complainants appealed this decision to the Administrative Court of the Canton of Grisons, which dismissed the appeal on January 23, 2001. The complainants then filed a constitutional complaint with the Federal Court.
The complainants alleged a violation of freedom of opinion and assembly (Art. 16 and 22 Cst., Art. 10 and 11 ECHR, Art. 21 UNO-Pact II). They argued that the refusal of the demonstration permit was not justified and violated their constitutional rights.
Considerations
The Federal Court examined the complaint and came to the conclusion that the refusal of the demonstration permit for January 27, 2001, was justified. It stated that freedom of opinion and assembly are not absolute and that restrictions are permissible if they are necessary in the public interest and to protect the rights and freedoms of others.
The court emphasized that the authorities must take into account the ideal content of freedom of opinion and assembly when granting demonstration permits and weigh the opposing interests in an objective manner. It stated that the refusal of the demonstration permit due to the narrow local conditions and precarious traffic conditions on Saturdays in Davos was justified.
The…